PJC Business

PJC 115.43

D AMAGES

crimes); Alvarado v. State , 704 S.W.2d 36, 39–40 (Tex. Crim. App. 1985) (en banc) (op. on reh’g) (result-oriented crime; reversible error to instruct jury to find guilt based on intent either to engage in conduct or for result to occur, or both). “If the gravamen of an offense is the result of conduct, the jury charge on culpable mental state should be tailored to the result of conduct and likewise for nature-of-con duct offenses.” Price v. State , 457 S.W.3d 437, 441 (Tex. Crim. App. 2015). Accord ingly, if the gravamen of an offense is the result of the conduct, the definition of “intentionally” might be modified as follows: A person acts intentionally, or with intent, with respect to a result of his conduct when it is his conscious objective or desire to cause the result. If the gravamen of an offense is the nature of the conduct, the definition of “inten tionally” might be modified as follows: A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct. Because section 41.008(d) does not indicate whether the definition of “intention ally” as narrowed in these examples should be used, and civil courts have not spoken on the issue, the Committee has adopted the complete statutory definition of intention ally from Tex. Penal Code § 6.03(a) for use in the charge. Alternative definition for “unlawful appropriation of property.” “Unlawful appropriation of property” also occurs when the property is stolen and the actor appro priates the property knowing it was stolen by another. Tex. Penal Code §31.03(b)(2). In an appropriate case, this definition should be substituted for the one in the charge, and the Penal Code’s definition of “knowing conduct,” found at Tex. Penal Code § 6.03(b), should be given as well. Alternative definitions for “deprive.” In an appropriate case, the language used to describe “deprive” in the charge may be replaced with to restore property only upon payment of reward or other compensation and/or to dispose of property in a manner that makes recovery of the property by the owner unlikely . Tex. Penal Code § 31.01(2)(B), (2)(C). “Effective consent.” In an appropriate case, the language induced by deception or coercion may be replaced with any of the following alternatives: 1. given by a person Don Davis knows is not legally autho rized to act for the owner; 2. given by a person who by reason of youth, mental disease or defect, or intoxication is known by Don Davis to be unable to make reasonable property dispositions; or

532